Regarding evidentiary protection for apologies, this note seeks to strike a balance by advocating for the approach adopted by a majority of states: evidentiary protection for some, but not all apologies. Such an approach, while not perfect, aligns the competing interests of encouraging the legal, psychological, and emotional benefits that accompany apologies with preserving a plaintiff’s right to utilize probative evidence. By way of introduction, section one of this note briefly discusses the current legal treatment of apologies in United States jurisdictions. Section two compares the advantages of excluding apologetic statements from evidence with the disadvantages of such evidentiary protection and further describes how a balance may be achieved between these two positions. Section three seeks to incorporate this balance into the Federal Rules of Evidence by proposing an amendment to specifically grant evidentiary protection for certain apologies.
"Striking a Balance: A Proposed Amendment to the Federal Rules of Evidence Excluding Partial Apologies,"
Belmont Law Review: Vol. 2
, Article 8.
Available at: https://repository.belmont.edu/lawreview/vol2/iss1/8